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Human rights damages can be awarded for judicial findings


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I missed this at the time and only saw it thanks to Joshua Rosenberg’s helpful Substack. SW v United Kingdom (App no. 87/18) was about a judge making adverse findings about a social worker and referring her to her professional body without giving her a chance to respond. The Human Rights Act 1998 currently prevents awards of compensation in such circumstances (section 9(3)) but Strasbourg held this was denial of an effective remedy and awarded compensation. It seems potentially relevant on Hamid hearings and on treatment of experts – although the latter is much less of an issue than in the past.

This was one of only two cases the UK lost in Strasbourg in the last year. The other was a freedom of expression case.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.